Identifying and Advocating Best Practices in the Criminal Justice System. A Texas-Centric Examination of Current Conditions, Reform Initiatives, and Emerging Issues with a Special Emphasis on Capital Punishment.

Friday, 17 May 2013

Perry Signs Criminal Discovery into Law

With exoneree Michael Morton by his side, Gov. Rick Perry on Thursday signed a measure that aims to avoid wrongful convictions by preventing prosecutors from suppressing evidence.

"This is a major victory for integrity and fairness in our judicial
system," Perry said of Senate Bill 1611, which was named for Morton, who
spent 25 years in prison before being exonerated. It was the governor's
first public signing ceremony of the session.

And:

Since his exoneration, Morton has lobbied lawmakers to pass
legislation that would prevent others from suffering the same fate.
Under SB 1611, prosecutors will be required to turn over evidence to
defendants accused of crimes and to keep a record of the evidence they
disclose. The landmark 1963 U.S. Supreme Court ruling in Brady v.
Maryland already requires prosecutors to give defendants information
that is “material either to guilt or to punishment.” The Morton Act
requires disclosure of evidence regardless of its materiality to guilt
or punishment. It is the first significant reform to Texas discovery
laws since 1965.

Perry said it was fitting that his signing of the Michael Morton Act
fell almost exactly 50 years after the Supreme Court issued the Brady
ruling.

State Sens. Rodney Ellis, D-Houston, and Robert Duncan, R-Lubbock,
wrote the bill and worked through a series of compromises during several
weeks of intense — and at times seemingly futile — negotiations.

Reps.
Senfronia Thompson, D-Houston, and Tryon Lewis, R-Odessa, moved the
bill rapidly through the House, ensuring that the delicate compromise
forged in the Senate was not undone by late changes or amendments.

Perry
used four pens to sign the bill into law, then presented them to
Morton, Ellis, Duncan and Thompson. At the end of the ceremony, Thompson
presented Morton with the gavel used to mark House passage of his
namesake legislation.

And:

• Ensures that defendants can
view, and electronically copy, all police offense reports and witness
statements in prosecution files.

• Protects witnesses and victims
by requiring defense lawyers to redact identifying information, such as
addresses and phone numbers, from documents shared with defendants and
potential witnesses.

• Allows defense lawyers to share prosecution
information with the defendant, investigators, experts and consulting
lawyers, but all others must be approved by the trial judge.

•
Requires prosecutors to list the evidence provided to defense lawyers,
creating a record for potential appeals or future legal disputes.

• Requires prosecutors to promptly disclose favorable evidence uncovered during and after trial.

Gov. Rick Perry on Thursday signed the Michael Morton Act into law
with Morton and the senators and representatives who made it possible at
his side.

Morton didn’t speak to the press, just smiled while Perry put ink to paper and kissed the pen after Perry was finished.

Authored by Sen. Rodney Ellis, D-Houston, and Sen. Robert Duncan,
R-Lubbock, the act creates a uniform open-file policy that requires
prosecutors to hand over all exculpatory evidence such at witness
testimony or offense reports.

Ellis said the case’s widespread media attention, and
proximity to Austin, may have helped it get passed during this
legislative session.

“The trial put the issue of discovery front and center for
months,” he said. “It put such a bright spotlight on the need for
discovery reform.”

Ken Anderson, then-Williamson County District Attorney, is
accused of deliberately withholding evidence from the defense that
indicated Morton’s innocence. As the bill passed the Texas House on May
14, Morton was present and was recognized by lawmakers.

The bill is one of several Ellis has authored or sponsored to aid exonerees. House Bill 166,
which would create a commission to review future exonerations, has
passed the Texas House, but is awaiting a vote in a senate committee. In
Texas, 117 people have been exonerated of crimes they didn’t commit,
causing the state to lead the nation in exonerations.

Gov. Rick Perry today signed Senate Bill 1611, the Michael Morton
Act, which will help prevent wrongful convictions in Texas. The governor
was joined by Sens. Rodney Ellis and Robert Duncan, Reps. Senfronia
Thompson and Tryon Lewis, and Michael Morton for the bill signing.

"Texas is a law-and-order state, and with that tradition comes a
responsibility to make our judicial process as transparent and open as
possible," Gov. Perry said. "Senate Bill 1611 helps serve that cause,
making our system fairer and helping prevent wrongful convictions and
penalties harsher than what is warranted by the facts."

The Michael Morton Act will allow Texas' criminal justice system to
be more responsive to a case, even after it has been tried, by ensuring a
more open discovery process. The bill's open file policy allows for
broader discovery, and removes barriers for accessing any evidence,
except for items that would affect the security of a victim or witness.

"Discovery reform is simply vital to the reliability and quality of
our justice system," Sen. Ellis said. "The Michael Morton Act will help
safeguard the innocent, convict only the guilty, and provide justice the
people of Texas can have faith in."

"I have long been an advocate for an efficient, effective and uniform
court system across Texas. This legislation is a giant step forward in
reaching that goal," Sen. Duncan said. "I am proud that stakeholders
from across the state were able to come together and set aside their
differences to improve our criminal justice system."

"The Michael Morton Act is an incredibly important step in creating a
more just Texas criminal justice system," Rep. Thompson said. "It will
improve the reliability of criminal convictions and ensure that we have a
quality justice system where all relevant evidence and facts are
brought to light, and allow for more efficient resolutions to criminal
proceedings."

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The StandDown Texas Project

The StandDown Texas Project was organized in 2000 to advocate a moratorium on executions and a state-sponsored review of Texas' application of the death penalty.
To stand down is to go off duty temporarily, especially to review safety procedures.

Steve Hall

Project Director Steve Hall was chief of staff to the Attorney General of Texas from 1983-1991; he was an administrator of the Texas Resource Center from 1993-1995. He has worked for the U.S. Congress and several Texas legislators. Hall is a former journalist.